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showing of public interest, he felt the cross-examination was proper. He made no exact ruling, however, asserting it would come after the relevance of the testimony could be decided.
Another eraption developed when Mr. Porter, in pursuing his crossexamination, asked the witness about commercial programs over WLW sponsored by Procter & Gamble. Mr. Patrick again objected, asserting that none of the direct testimony covered specific programs. Chairman Case ruled that questions both as to program content and the economic issues involved were admissible. At this point, Mr. Patrick noted his objection.
Mr. Shouse declared he could not
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answer the particular question as to the Procter & Gamble programs carried on the station, since he did not have that data before him. Mr. Porter, however, enumerated a number of P & G programs, including such accounts as Chipso, Crisco, Drene, Ivory Soap Flakes. Oxydol, White Naphtha Soap etc. Mr. Shouse declared he knew WLW carried a number of programs, originated either over the networks or by transcription, but he could not specifically identify them.
"Isn't it a fact that only one of these programs, namely Drene, is carried by WAVE, Louisville?" asked Mr. Porter.
Mr. Patrick again objected, asserting that the witness could not be expected to have that information.
It was apparent that Mr. Porter was seeking to show that stations in the primary service area of WLW suffered "economic injury" as a result of its superpower operation.
Farm Representatives Testify on WLW Service
In opening the session July 20, the cross examination of Mr. Shouse was interrupted for the testimony of three out-of-town witnesses — representatives of farm organizations in the Midwest.
J. B. McLaughlin of Charleston, W. Va., State Commissioner of Agriculture, James R. Moore, of Columbus, director of public relations of the Ohio Farm Bureau Federation and editor of its magazine, and Edmund C. Faust, Greenville, Ind., director of public relations of the Indiana Farm Bureau Federa
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tion and editor and manager of the Hoosier Farmer, each testified in connection with WLW service. The gist of their testimony, after considerable bickering between WLW and Commission counsel regarding admissibility, was that if WLW were reduced in power from 500 to 50 kw., which would mean a two-thirds diminution in its secondary daytime signal, it would adversely affect service to the rural residents of these areas.
Mr. McLaughlin testified that WLW is the most popular station in three-fourths of the area of West Virginia and that it was common practice in the State to rely upon the station for farm, weather, river, news and other reports.
Asked about the effect of a reduction in power from 500 to 50 kw., after considerable argument between WLW Counsel Patrick and Commission Counsel Poi'ter, Mr. McLaughlin said "it would not only handicap the small radio owner but also deprive him of service which the station has been capable of rendering because the great majority of sets in use in the State are smaller sets and would not pick up stations of less power."
Mr. Moore similarly testified that rural listeners in Indiana depended largely upon WLW for farm, weather and other public service programs, including news. He said WLW is the only station in the State that is heard consistently and felt that if its power were reduced "listeners would suffer". He added that he was familiar with WLW as a 50 kw. station and that it is received much
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better now with 500 kw. than under the lower power.
Replying to Mr. Porter, Mr. Moore declared his experience showed it was difficult to get complete rural coverage in Ohio over other stations and that for that reason his organization had used WLW for commercially sponsored programs daily for several years. For the same amount of money, he said, "we can do a better job of reaching the people of Ohio over WLW." He explained that his organization sponsored daily programs over WLW and had a fulltime commentator, these programs running six times a week for 15 minutes at noon. His organization did not pay, however, for its participations in the Farm & Home Hour and certain other programs broadcast over WLW.
After explaining he travelled extensively over the State and relied upon WLW, Mr. Faust said the station is highly regarded by rural residents of Indiana. Asked about the consequences of a reduction in power to 50 kw., he declared "any reduction in power would be detrimental to the rural listening audience in Indiana." He attributed WLW's rural popularity in Indiana to its tremendous power, saying the station was used by his organization for rural coverage as distinguished from urban coverage.
Announcement Policy Outlined by Mr. Shouse
Upon completion of this testimony, Mr. Shouse resumed the stand for cross-examination by Counsel Porter and was subjected to a barrage of questions dealing with individual programs over the station, including a prize contest for Camay, Kruschen Salts and children's programs, notably the Dick Tracy-Quaker Oats schedule. Mr. Porter made reference to "blood and thunder, shooting and arresting" types of programs, ir5 alluding to the Dick Tracy schedule.
At the outset and several times during the examination, Mr. Patrick made clear that all questions on specific programs carried over WLW were objected to under his blanket objection made at the opening of the hearing, and that this type of testimony was being admitted to the record under his general as well as specific objections.
Evidently seeking to show that WLW is almost "sold out", Mr. Porter asked Mr. Shouse whether it was not a practice of the station to transcribe off-the-line certain commercial programs and broadcast them later. Mr. Shouse replied that this was done only under exceptional circumstances. Offhand, he recalled, this had been done in two cases in recent months because of the network switchover from standard to daylight time. He estimated that at present WLW has available on an average of 45 minutes open time between 5 and 9:30 p. m.
Mr. Porter asked about the type of station breaks used over WLW and the frequency of mention of Crosley or the Crosley organization. Mr. Shouse said that announcements varied considerably and that he did not believe that more than half of the stationbreak identifications included the Crosley name. He emphasized further that to the best of his knowledge no direct announcements are
Page 50 • August I, 1938
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